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(영문) 서울북부지방법원 2020.03.12 2019고단4778
준강제추행등
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year.

The defendants are 40 hours.

Reasons

Punishment of the crime

1. On January 26, 2018, Defendants A and victims C (the name, the age of 18) met with “E” located in Mapo-gu Seoul, Mapo-gu, Seoul. Defendant A, the victim, who was drunk, carried the victim to Defendant B, together with Defendant B, was living together with Defendant B, who was in the neighborhood, and moved the victim to Defendant A’s residence located in Nowon-gu, Seoul.

On January 27, 2018, at around 02:19, the Defendants: (a) taken the body of the victim and the body of the victim under the influence of Defendant A using the mobile camera function of Defendant A’s mobile phone; (b) taken the body of the victim under the influence of Defendant A, who was exempted from the clothes of the victim C (the 18-year-old age), once in video, once in front; and (c) taken the body of the victim under the influence of Defendant A, twice in front; and (d) taken the body of the victim and the body of the victim under the influence of Defendant A twice in front; and (e) the Defendant taken the body of the victim and the body of the victim twice in front using his mobile phone functions.

As a result, the Defendants conspired to take the body of a person who may cause sexual humiliation or sense of shame by using the cell phone function.

2. The sole criminal conduct of Defendant A;

A. On June 27, 2015, around 04:12, the Defendant: (a) acquired a wall that contains 2,000 won in cash and one red sea, etc. owned by the victim who was lost in the name of the deceased; and (b) obtained a wall that contains 2,00 won in red sea.

The Defendant, without taking necessary procedures such as returning the above acquired property to the victim, embezzled it on his own idea.

B. On August 15, 2015, around 11:04, the Defendant violated the Punishment of Violences, etc. Act (joint destruction, damage, etc. of property), along with H, on the side of an influence road that runs from Busan to the Jinnam Changwon-gu, Busan, the Defendant was placed two times on the ground floor at the market value of one mobile phone 6 mobile phones owned by the victim’s name and influence, and H.

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